¶1The order revoking the defendant’s probation is affirmed. The sentence of seven and one-half years imprisonment imposed exceeds the statutorily permissible maximum of five years and is fundamental error. State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981). The cause is remanded with directions to reduce the sentence to five years.
463 So. 2d 521
463 So.2d 521
10 Fla.L.Weekly 418
Parks v. State
District Court of Appeal of Florida
Decided February 12, 1985
District Court of Appeal of Florida · decided 1985-02-12
Relies on 448 So. 2d 1013 - State v. Rhoden · 392 So. 2d 334 - Gonzalez v. State
Decided 1985-02-12